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longtomsilver

Small Claims Court Money Claim On-Line advice

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At the end of last year I entered a sales office enquiring about a property and was met by a very rude senior sales advisor. Incensed, I told her that she wasn't doing a very good job at selling and that she might consider another career. At this point I asked to see the site manager and calmly sat down at the negotiation table. To my disbelief she pressed her distress alarm on her lanyard and reassuring voices were heard from a man emanating from this device telling her that this was now being recorded. The site manager came into the office and firmly asked me to leave and wouldn't listen to my complaint. He asked again but this time charged at me (as I was getting up to leave), nasty man. Despite leaving they followed this up with a call to the police who attended my address whilst at I was at work (MrsLTS wasn't best pleased, quite distressed actually) and there was nothing to pursue so closed the incident.

Obviously, not happy with the way I was treated I requested the CCTV as this would prove they overreacted and possibly lied to the police about the events leading up to the 999 call (wasting their time). I got an email from the MD assuring me that they would have the data processed and sent out to me as soon as it became available and then I heard nothing thereafter despite repeated requests. I'm pretty sure that they viewed the footage and decided it wouldn't be in their interest to release the images afterall. Conveniently for this company they weren't able to recover the data.

This is the reply from the ICO

Dear MrLTS

I received a response from ******* about your concerns in which they confirmed that the footage you requested has not been retained by the organisation and therefore cannot be provided. However they have confirmed that they have provided you with the audio recording of the incident.

Additionally, as a result of your concern ******* have acknowledged that appropriate CCTV fair processing signage was not on display and as such the organisation is now taking immediate steps to rectify this.

As a result of their response I have requested further information from the organisation as there may be further opportunities to improve their data handling practice. However, as I have already found the organisation in breach of the Data Protection Act 1998, my assessment will not change.

I would like to thank you for bringing this matter to our attention as this has given us the opportunity to improve ******* data handling practices and we will keep this concerns on file to build up a bigger picture of the organisation's ongoing compliance.

---------

The audio recording does not incriminate me in anyway. It's laughable actually. I'm considering filing a claim via the on-line process requesting £299.50 for the distress and expense caused by the two breaches of the data protection act and the mishandling of my personal information plus expenses incurred (minimul but verifiable). It'll cost me £25 and if I am successful then any money received will be donated to charity.

Opinions please. Should I let it drop or as a matter of principle sock it to them.

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Just now, SNACR said:

Small claims court wouldn't be a suitable forum for such a claim.

Genuine question. Why not? FOI request to the relevant police authority will cost £10. Arbitration might slice a lot of my claim but there has been two breaches of the data protection act. They have admitted as much and my personal information has been mishandled as a consequence of the breaches?

Thanks.

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Just now, CunningPlan said:

Any reason you are withholding the name of the company?

I don't want this thread to be searchable by company name as this website lists highly on search engines. TW

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4 minutes ago, longtomsilver said:

Genuine question. Why not? FOI request to the relevant police authority will cost £10. Arbitration might slice a lot of my claim but there has been two breaches of the data protection act. They have admitted as much and my personal information has been mishandled as a consequence of the breaches?

Thanks.

Yours would effectively be a damages claim - not that I'm suggesting pursuing it really.

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4 minutes ago, longtomsilver said:

I don't want this thread to be searchable by company name as this website lists highly on search engines. TW

Fair enough. I ask because others may be in a position to verify your data protection abuse claim. It could then look like a ' for the good of the people' position rather than a personal vendetta. Any clues? (or maybe just borrow spyguys tablet)

I would probably let it drop though.

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Just now, CunningPlan said:

Fair enough. I ask because others may be in a position to verify your data protection abuse claim. It could then look like a ' for the good of the people' position rather than a personal vendetta. Any clues? (or maybe just borrow spyguys tablet)

I would probably let it drop though.

The answer from the ICO does that in their conclusion. The clue is in my answer to you and if anyone would like to visit one of their ****box developments and look out for breaches in the future be my guest. Filing the complaint with the ICO takes 5 minutes and an email. I'm really impressed with the professionalism of it's staff.

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2 minutes ago, longtomsilver said:

The answer from the ICO does that in their conclusion. The clue is in my answer to you and if anyone would like to visit one of their ****box developments and look out for breaches in the future be my guest. Filing the complaint with the ICO takes 5 minutes and an email. I'm really impressed with the professionalism of it's staff.

Oops. Missed that. Guess I failed detective class.

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These things are always easier when you're not the person concerned. I admit that I can be incredibly hot-headed about exactly this sort of thing, but it's not me, so the bit of my brain that shrieks "this is common sense" comes to the fore whereas were this happening to me, my "Chimp" would continue screaming to be heard *.

The Police received a complaint and were duty-bound to investigate. However they found no wrong-doing and let it drop. The company concerned realised there was nothing to this, if anything they were in the wrong, so they let the matter drop.

I'd suggest that's the right answer.

* Book: The Chimp Paradox (that's just what it's called, it's not a dig at you). Addresses the way that the "hot-headed" part of us reacts when "wronged". Which is probably why it resonated with me.

https://www.amazon.co.uk/Chimp-Paradox-Management-Programme-Confidence/dp/009193558X

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Just now, DTMark said:

These things are always easier when you're not the person concerned. I admit that I can be incredibly hot-headed about exactly this sort of thing, but it's not me, so the bit of my brain that shrieks "this is common sense" comes to the fore whereas were this happening to me, my "Chimp" would continue screaming to be heard *.

The Police received a complaint and were duty-bound to investigate. However they found no wrong-doing and let it drop. The company concerned realised there was nothing to this, if anything they were in the wrong, so they let the matter drop.

I'd suggest that's the right answer.

* Book: The Chimp Paradox (that's just what it's called, it's not a dig at you). Addresses the way that the "hot-headed" part of us reacts when "wronged". Which is probably why it resonated with me.

https://www.amazon.co.uk/Chimp-Paradox-Management-Programme-Confidence/dp/009193558X

Thanks for the book recommendation. I have some amazon credit and it does look suitable. Hot-headed or not (I'm very well spoken and the delivery can be misunderstood) I don't suffer fools gladly and hate the idea that for the police to have been called out on a 999 they would have been lied too and statements embellished. I used to work in the control room dispatching patrols myself. 

I guess people are conditioned to be so soft now that they have a need for the authorities to hold their hand when things don't go according to plan.

Thombleach I'll pm you :)

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On 3/7/2017 at 0:24 PM, longtomsilver said:

 

Opinions please. Should I let it drop or as a matter of principle sock it to them.

If the site manager made physical contact with you during his efforts to get you to leave I'd lodge a assault charge with the police.

 

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I record all interactions with customer service types etc on my mobile phone, there is a pre-installed app that records stuff.

You should see their face when you offer to replay what was said in any future dispute. You need both sides to agree to it being played in civil matters but it is always admissible as evidence in any criminal matter, without anybody's agreement..

I know it's mute now you have settled but if you wanted to go after them you'd use the civil procedure rules and seek pre-action disclosure before proceedings commenced, maybe criminal libel or something. If they destroyed the evidence they might be guilty of perverting the course of justice. They'd have to say under oath why the evidence was destroyed. etc.... All a waste of time and costly of course.

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Working in sales is not for the faint hearted when the products are not selling themselves. Generally the people who can stick at the profession have to sell Ice to Eskimos, think EAs!

I am glad there is some sort of settlement and closing to the event, but encountering nasty people is par for the course - this one let their hair slip and should have not been rattled.

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23 hours ago, longtomsilver said:

Moderators.

 

Please can you remove this thread.

The other party have offered settlement subject to an NDA.

Well that is fine development.

 

So, are you going to go nuclear with the local rag "national firm in intimidation and proposed hush-up shame"?

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Just now, The Knimbies who say No said:

Well that is fine development.

 

So, are you going to go nuclear with the local rag "national firm in intimidation and proposed hush-up shame"?

Honestly, I want nothing more to do with this company and don't wish to put my name through the wash by going public. They let themselves down, a very dissuasive sales force and an arrogant middle layer of management who treat people like dirt on their shoe. If that's how they choose to sell their product then I wish them well.

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3 hours ago, DEATH said:

I record all interactions with customer service types etc on my mobile phone, there is a pre-installed app that records stuff.

You should see their face when you offer to replay what was said in any future dispute. You need both sides to agree to it being played in civil matters but it is always admissible as evidence in any criminal matter, without anybody's agreement..

I know it's mute now you have settled but if you wanted to go after them you'd use the civil procedure rules and seek pre-action disclosure before proceedings commenced, maybe criminal libel or something. If they destroyed the evidence they might be guilty of perverting the course of justice. They'd have to say under oath why the evidence was destroyed. etc.... All a waste of time and costly of course.

Brilliant. Thanks.

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4 hours ago, longtomsilver said:

Honestly, I want nothing more to do with this company and don't wish to put my name through the wash by going public. They let themselves down, a very dissuasive sales force and an arrogant middle layer of management who treat people like dirt on their shoe. If that's how they choose to sell their product then I wish them well.

Fair play, and good on you.

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